Unregistered User License Agreement ----------------------------------------------------------- ============= LIMITED WARRANTY AND REMEDIES ============= THE PROGRAM IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL THE AUTHOR BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF THE USE OF THE PROGRAM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS LICENSE, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US, SUPERSEDING ANY PROPOSAL OR PRIOR AGREEMENT, ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS LICENSE. Web SurfACE is a shareware program and is provided at no charge to the user. Feel free to share unlicensed copies with your friends, but please do not give it away altered or as part of another system. Commercial users must register and pay for their copies within 30 days of first use or their license is withdrawn. Site License arrangements may be made by contacting ToolPool. Registered User License Agreement ----------------------------------------------------------- This is a legal agreement between you (either an individual or an entity) and ToolPool. By using the SOFTWARE, you agree to be bound by the terms of this agreement. =================== SOFTWARE LICENSE ==================== 1. GRANT OF LICENSE. This License Agreement ("License") permits you to use one copy of the software product identified above, which may include user documentation provided in "on-line" or electronic form ("SOFTWARE"). The SOFTWARE is licensed as a single product. Its component parts may not be separated for use on more than one computer or by more than one user at any time. The SOFTWARE is "in use" on a computer when it is loaded into the temporary memory (i.e., RAM) or installed into the permanent memory (e.g., hard disk) of that computer. If the SOFTWARE is permanently installed on the hard disk or other storage device of a computer and one person uses that computer more than 80% of the time, then that person may also use the SOFTWARE on a portable or home computer. 2. COPYRIGHT. The SOFTWARE is owned by ToolPool and is protected by Austrian copyright laws and international treaty provisions. Therefore you must treat the SOFTWARE like any other copyrighted material (e.g., a book or musical recording) except that you may either (a) make one copy of the SOFTWARE solely for backup or archival purposes, or (b) transfer the SOFTWARE to a single hard disk provided you keep the original solely for backup or archival purposes. You may not print copies of any user documentation provided in "on-line" or electronic form. You must not redistribute the license key, which licenses your copy of the software. 3. OTHER RESTRICTIONS. This License is your proof of license to exercise the rights granted herein and must be retained by you. You may not rent or lease the SOFTWARE, but you may transfer your rights under this License on a permanent basis, provided you transfer this License and the SOFTWARE, retain no copies, and the recipient agrees to the terms of this License. You may not reverse engineer, decompile, or disassemble the SOFTWARE, except to the extent applicable law expressly prohibits the foregoing restriction. ============= LIMITED WARRANTY AND REMEDIES ============= LIMITED WARRANTY. ToolPool warrants that the SOFTWARE will perform substantially in accordance with the accompanying on-line documentation for a period of 101 days from the date of receipt. CUSTOMER REMEDIES. ToolPool's entire liability and your exclusive remedy shall be, at ToolPool's option, either (a) return of the price paid or (b) repair or replacement of the SOFTWARE that does not meet this Limited Warranty and that is returned to ToolPool with a copy of your receipt. This Limited Warranty is void if failure of the SOFTWARE has resulted from accident, abuse, or misapplication. Any replacement SOFTWARE will be warranted for the remainder of the original warranty period or thirty (30) days, whichever is longer. NO OTHER WARRANTIES. To the maximum extent permitted by applicable law, ToolPool disclaims all other warranties, either express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, with respect to the SOFTWARE and any accompanying written materials. NO LIABILITY FOR CONSEQUENTIAL DAMAGES. To the maximum extent permitted by applicable law, in no event shall ToolPool be liable for any damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss) arising out of the use or inability to use the SOFTWARE, even if ToolPool has been advised of the possibility of such damages.